MILLS v FENG [2022] NZHC 3278

MILLS v FENG [2022] NZHC 3278

Because the defendants took no steps to defend and service on the second defendant was established by affidavit, summary judgment was entered against both defendants jointly and severally for the amounts claimed; the second defendant must apply to set aside the judgment if he disputes service; the first defendant's abandoned cross-claim was dismissed.

Citation
[2022] NZHC 3278
Parties
Plaintiffs: David Lawrence Mills and Fionnaeileen Mills as trustees of The Mills Family Trust; First Defendant: Weiqiang Feng (also known as Brian Feng); Second Defendant: Kai Wang (also known as Tony Wang)
Court
High Court
Jurisdiction
New Zealand
Judgment Date
7 December 2022
Procedural Posture
Contract Sale of Property / Application for Summary Judgment; Judgment Entered
Outcome
Summary judgment entered against both defendants jointly and severally for amounts claimed; first defendant's cross-claim dismissed.
Legal Topics
Summary Judgment, Service of Proceedings, Nomination and Liability of Purchaser, Interest on Money Claims, Costs
Contract Property Civil Procedure Summary Judgment Service of Proceedings Nomination and Liability of Purchaser Interest on Money Claims Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

David Lawrence Mills and Fionnaeileen Mills as trustees of The Mills Family Trust

Plaintiffs

Weiqiang Feng (also known as Brian Feng)

First Defendant

Kai Wang (also known as Tony Wang)

Second Defendant

Procedural Posture

Contract Sale of Property / Application for Summary Judgment; Judgment Entered

Legal Issues

  1. 1 Whether defendants liable for shortfall on re-sale of property
  2. 2 Whether summary judgment was appropriate given defendants took no steps to defend
  3. 3 Whether service on the second defendant was established

Ratio Decidendi

Because the defendants took no steps to defend and service on the second defendant was established by affidavit, summary judgment was entered against both defendants jointly and severally for the amounts claimed; the second defendant must apply to set aside the judgment if he disputes service; the first defendant's abandoned cross-claim was dismissed.

Court Disposition

Summary judgment entered against both defendants jointly and severally for amounts claimed; first defendant's cross-claim dismissed.

Orders

  • Summary judgment entered against the defendants jointly and severally for the amounts sought in the statement of claim.
  • Damages for the shortfall on the re-sale: $613,070.40.